Signs of change

Allan Moore believes installers have a 'moral right' to make sure the correct CCTV signage is in place at jobs they have completed. He also believes that keeping customers informed of their signage obligations under the Data Protection Act can be a means to ensure repeat business.

Moore is the managing director of DCE –Data Compliance Equipment Ltd. His company produces bespoke signs for the industry, which feature both the name and contact details of the 'data controller' – the first point of contact for queries about the system – and the installation company's logo and contact details.

Under the Information Commissioner's CCTV Code of Practice, it is a requirement that the end user informs people that a CCTV system is in operation. DCE's Catherine Wiss says it is normally sufficient to erect an appropriately sized and positioned notice that will be seen by people entering a surveillance area.

"However, this should say more than 'CCTV in Operation'," she says. "The Act requires three conditions of signage to be met. It should inform people of the identity of the person or organisation responsible for the scheme, the purposes of the scheme, and the details of whom to contact regarding the scheme."

Fines for users who do not comply with the DPA can be as much as £5000. While this is not levied on installers, Moore thinks that keeping the customer informed of their obligations, and the potential costs if they fail to comply, generates goodwill. This goodwill could become repeat business, for maintenance, upgrades etc, especially if the client feels the installation company has its best interests at heart. On top of this, of course, is the cost of the signage itself, which can also be passed on to the customer.

Moore points to a study by Macbond carried out in 2002, which looked into CCTV system compliance under the DPA. It looked at 99 sites – which the authors acknowledge is a small sample size, but which they believe "to be strongly indicative of the general trend to be found in any major town or city centre in the UK".

The survey concluded: "General awareness of DPA compliance – and in particular the rules surrounding CCTV – appears to be very low, and uptake of compliance work has thus far been disappointing. With only six surveyed sites even apparently compliant, the remaining 88 surveyed sites – 94 per cent of the sample – are almost certainly operating their CCTV systems illegally, and the footage thus derived could potentially be successfully challenged in court where submitted as evidence.

"The difference in the number of correctly registered sites – 43 per cent of the sample – and those displaying compliant signage – six per cent – is notable. Many of the sites in the survey area could become at least apparently compliant simply by reviewing their use or type of displayed CCTV signs, and displaying signs which meet the Code of Practice criteria.

"Though the intention of these systems may be to improve public safety and deter crime by monitoring the behaviour of patrons, it is nonetheless the case that these systems can and do capture members of the public merely passing by the premises, and the rights of these individuals are not being taken fully into consideration.

"This 'collateral' coverage has previously been used to good advantage by law enforcement bodies – notably in anti-terrorist and missing person investigations. It is however likely that in future the operators may be prosecuted for non-compliance with the DPA 1998, or that evidence obtained from such systems will be of limited use in legal proceedings. Police officers gathering such evidence should be made fully aware of the impact of the Data Protection act on CCTV footage, and satisfy themselves that evidence has been lawfully gathered by the system operator," the survey concludes.

"The commissioner's office has set up another section to enforce the Data Protection Act," Moore says. "So these £5000 fines are more likely than ever to be applied."

But it's the 'moral obligation' that he feels most strongly about. "It's a responsibility to the public," Moore says. "It's what happens to those pictures and what they can be used for in evidence that is the most important thing.

"If an incident happens, and the people involved can't contact the person who runs the system, or the police can't, then the whole system's failed!

"Installing the correct signage should be a simple part of the installation service, and one that your clients will be grateful for, especially if they are made aware of their responsibilities."